Could forming an ACO breach anti-trust and anti-fraud laws? That’s what some physicians and hospitals worry. A recent meeting with healthcare representatives and the Federal Trade Commission was held to address those concerns. According to a California Healthline report:
Susan DeSanti, director of policy planning at FTC, said the agency is working with CMS on guidelines for forming ACOs. She said, “The antitrust laws are actually consistent with the goals of ACOs” because they “encourage collaborations when they are going to produce good things for consumers, like improved health care, and the only caveat is that the creation of market power shouldn’t go along with that.” She added that “antitrust is not a barrier here” (Galewitz/Gold, Kaiser Health News, 10/5).
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